MATINYANI YOUTH POLYTECHNIC

MATINYANI YOUTH POLYTECHNIC

CONSTITUTION


Approved
JULY 11th, 2005








This constitution was drafted by a team of Management Committee members including:

1. Stephen S. Mitau - Chairman

2. Justus M. Wuie - Treasurer

3. Robert S. Muinde - Member

4. Alice Ngila - Parent

5. Gabriel K. Kilonzo - Manager


The draft constitution was presented to the full Management Committee of Matinyani Youth Polytechnic and was confirmed and authorized on 11/7/2005.




CONSTITUTION

1. NAME

The name of the Polytechnic shall remain MATINYANI YOUTH POLYTECHNIC.

This constitution will be cited as MYP constitution throughout the document.

2. MANAGEMENT COMMITTEE OF THE POLYTECHNIC

2.1 There shall be a management to run the affairs of the polytechnic on behalf of the community.

(a) The management committee named above shall be drawn from the stakeholders of the polytechnic.
(b) The stakeholders named in (a) above include the foundation bodies /sponsors, interested groups within the community, non-governmental organization. Government officials and retired civil servant.

2.2 The MC named in 2.1 above shall be composed of executive members and other members.

(a) The Executive Committee.

shall consist of the following

(i) Chairperson
(ii) Vice Chairperson
(iii) Secretary
(iv) Treasurer
(v) DATO/PATO

The quorum for an EC meeting shall be four (4) members compulsory with attendance of the chairperson, treasurer and the project manager who is the secretary of the MC.

(b) Other MC members.

(i) Five persons representing the community served by the YP.
(ii) Two person representing special interested groups in the community.
(iii) Five parents with trainees in the YP.
(iv) Three person elected by community delegates

The MC will be elected by community












4. Management Structure of a Polytechnic

Community

Support Staff
Executive Committee
Manager
Management Committee
Sub
Committee
Instructor
Trainee Representative
























Trainees


5. Election Procedure.

The election procedure shall be drawn from the catchment area, which is:

(i) Mutulu location
(ii) Matinyani Location
(iii) Kauma Location
(iv) Kalimani Location

The MC shall be elected by delegates and a notice shall be 21 day.


6. Responsibility of the Management Committee

6.1 The MC shall minister and control the YP in accordance with the content of the constitution.

6.2 The MC shall with consent of the provincial head of YP department pass a resolution of terminating or take other disciplinary action on a member of staff.

6.3 The MC is a bridge between the YP and the community.

6.4 The MC shall be responsible for staff welfare.

6.5 The MC recommending of terminates of a staff members should first give him opportunity to depend on him/her self and he/she should be accompanied by one person to defendant himself.

6.6 The MC shall participate in physical development of the YP.

6.7 The MC shall be responsible for getting enough land for the YP for future expansion.

6.8 The MC shall assist in looking for contract for the YP to provide practical training and earn income to advertise the polytechnic.

6.9 The manager shall control the day expenditure connected with the running of the YP and shall present accounts including an annual audited account such as expenditure to the MC when needed.

6.10 The manager shall receive fees payable by or in respect of trainees, all grant made out of public fund, whether for capital or revenue purpose and any subscription, donation in request to the youth polytechnic.

6.11 The MC shall with approval of the provincial head of youth department determine the scale of fees payable by or in respect of trainees at the polytechnic and shall prescribe the condition under which fees may be remitted in part in whole.

6.12 The common seal of the MC shall be in custody of the project manager and shall be signified by the chairman of the MC.

6.13 The YP shall follow the curriculum approved by the Government of Kenya.

6.14 The project manager shall control internal management, organization and discipline at the YP, shall be personally responsible to the MC, reporting and monitoring proper and suitable standard of conduct and behaviour among the staff and the trainees in the YP. Manager will be a role model in setting good standard of conduct behaviour.

6.15 There shall be regular consultant between the project manager and the responsible ministry, which will be in charge of the polytechnics.

6.16 The project manager shall make such arrangement as may be adequate for.

6.17 The expulsion of the trainees from the polytechnic shall be regulated by the provincial head officer of the youth department with recommendation of the MC.

6.18 All MC members shall have equal rights and active members from the date of election until the succeeding Annual General Meeting subject to the condition contained here in.

6.19 Any MC deciding to resign shall submit his/her resignation letter to the chairperson thus stating he/she will not desire to serve the YP then and in future. This will take effect from the date of receipt by chairman and some be read to MC at the AGM

6.20 MC member may be expelled by others when such resolution is reached by 2/3 of full MC. The reason of expelled be read to him/her and be given fine to defend and a high level of justice be practiced.

NOTE: MC/staff may be expelled on grounds that his/her conduct has adversity affected the reputation and dignity of the YP or has contravened any of the provision contained here in.

7 DUTIES OF OFFICE BEARER.

(a) Chairman – The chairman shall unless prevented cause, preside over all meeting of the committee and at all general meetings.

(b) Secretary – Shall deal with all correspondence of the polytechnic as well as the managerial work of the YP. In case of urgent matters where the committee cannot be consulted he/she shall consult the executive committee and the executive will conduct the whole organization correspondence handle its advertising and press handout the decision reached shall be subject to ratification or otherwise at the MC meeting.

(c) Treasurer – The treasurer is responsible to the committee and to the members of the community, that proper books of Account of the money received and paid by MATINYANI YOUTH POLYTECHNIC are available for inspection by the auditor appointed by the MC on receiving and disbursing the manager shall issue receipts to all monies belonging to the polytechnic/donation/grants etc and keep vouchers for all monies paid out of the YP.

8. RESPONSIBILITIES OF EXECUTIVE COMMITTEE.

8.1 To give close guidance to the project manager in the implementation of the decision of the MC.

8.2 To take decision or actions which would accelerate the executive of the policy decisions of the MC.

8.3 To consider and authorize financial transaction and develop proposals on behalf of the MC. The executive committee shall supervise all monies disbursed on behalf of the YP as authorized by MC except the working imprest which should not exceed Kshs. 2,000 (Two thousand Shillings Only)

8.4 The proceeding of any meeting of the executive committee reported to the MC in the next meeting. The MC shall meet three times a year while the EC shall meet three (3) times per term unless otherwise or incase of urgent needs arising whereas the quorum for the some shall be 2/3 members.

8.5 The project manager shall be one of the executive member and secretary to the committee.


9. TERM OF MANAGEMENT COMMITTEE

9.1 Both members of management committee and executive committee shall serve the YP for a period of (3) three years.

9.2 No elected member of the Management Committee will serve the YP for a period of more than two (2) terms of election.

9.3 Members will need to be qualified in order to serve on the management committee.

9.4 Also, gender parity will be maintained.

9.5 Trainees, parents and youth shall be invited to participate in election to serve the YP.

10. GENERAL MEETING.

Mc meeting shall be held at least three (3) times a year and should be called any time by the chairman. a notice in writing such MC meeting accompanied by agenda and minutes of last meeting shall be sent to all MC member not less than 21 days before date of the meeting. Where practicable press advertisement not less than fourteen days before the meeting day.

10.2 A special MC meeting may be called for a specific by purpose the chairman. An official letter in writing shall be sent to all members not less than seven (7) days before the date of the meeting no matter will be discussed other than that stated in the agenda.

10.3 The quorum of the MC meeting shall not be less than one third of the elected members.

10.4 Financial report shall be presented to members in every general MC meeting in respect of 6.3 above and a matter of updating members on transaction carried out in the YP by the treasurer.

10.5 Quorum of 8.1 above shall be not less than a quarter of the elected members.

11. PROCEDURE AT MEETING.

11.1 (a) All meetings ( a part from staff or academic) of the polytechnic the chairman or in his absence
a member shall be selected to chair the meeting of the day.

(b) That person selected to chair the meeting his/her power end at the end the meeting of that day.

11.2 Resolution be reached by simple voting by show of hands. In case of equality, the chairperson shall have the determining vote.

11.3 Any member who fail to attend three consecutive meeting without apology shall cease to be a member of MATINYANI YOUTH POLYTECHNIC and will be informed by the manager/secretary in writing to the relevant people or high authority shall be informed of such a vacancy and be informed to elect a suitable replacement for confirmation by PATO or principal head of youth department.



12. TRUSTEES.

12.1 All land building and other immovable property and all investment and security that shall be acquired by the YP shall be invested in the NAME of the polytechnic and should be signed by three people (trustee)

12.2 The foresaid shall be drawn from catchment area of the YP.

12.3 The trustee (DELIGATE) shall serve the YP for a period of three years. On retirement of a trustee, the committee will be eligible for re-election a general meeting shall have the power to appoint, remove or suspend any trustee from the board of trustees on the ground that his conduct is adversely affecting the reputation or dignity of MATINYANI YOUTH POLYTECHNIC.

12.4 ANY member deserving to resign from the board of trustee shall submit his resignation letter to the secretary, which shall take effect from the date of receipt by the secretary. Treasurer and chairman.

12.5 Any member who fails to attend trustees board for three consecutive meeting will automatically cease to be a member of trustee board.

12.6 A general meeting shall have the power to remove any of the trustee and all vacancies occurring by removal, resignation or death, shall be felled at the same on next general meeting.

13. AUDITOR.
13.1 The MC through tender shall appoint an auditor for the following year. All YP account, records and documents shall be open for audit at any time. The treasurer shall produce an account for his or her receipt and statements. The auditor shall examine annual account and statement and either clarify that they are correct. Duly vouchers and in accordance with the law or report to the MC in what respect they are found to be correct, incorrect or not in accordance with the Law.

13.2 Any copy of the auditor’s report in the accounts and statement together with such accounts and statement shall be furnished to all at the same time as the notice covering the general meeting is set out.

13.3 PAYMENT OF THE AUDIT WORK – An auditor may be paid honorarium for his duties as may be resolved by the Annual General Meeting which appointed him.

13.4 No auditor shall be an office bearer or member of the MC or a trustee member.

14. FUNDS.

14.1 The YP fund may only be used for the following purposed.

(a) Payment of staff salaries
(b) Do the YP repair and maintenance of the YP assets and purchase of new tools and equipment.
(c) Purchasing of training materials
(d) Carrying out new construction
(e) Buying books and stationeries
(f) Paying managerial allowance link that shall not be found or appear as misappropriation of the same liability thereof.
(g) Payment for staff benefits eg. NSSF, NHIF

14.2 All the money and funds shall be received and receipted by the project manager or any other authorized person in the name Matinyani YP.

14.3 No payment shall be made out of the bank without a resolution of the MC.

14.4 All cheques shall be signed by the treasurer, chairman, manager and DATO or labour officer who is appointed by the current Government.

14.5 The financial year of Matinyani YP shall be from 1st January to 30th December each year.

14.6 A sum of money not exceeding Two Thousand (Ksh. 2,000) shall be kept by the secretary for petty cash disbursement of which account shall be kept.

14.7 All cheques shall be singed by at least three (3) office bearers but the treasurer’s signature is a must.

15. AMENDMENTS OF THE CONSTITUTION.

15.1 Amendments of the constitution of Matinyani Youth Polytechnic shall be approved by at least two third of the majority of members at general meeting.

15.2 No alteration of this constitution shall take effect until all the MC committee and the community should agree for alteration all proposals for amendment shall be submitted to the secretary for the next annual meeting discussion.

15.3 Alteration to these rules shall only be made by resolution voted by secret ballots and passed at the annual general meeting.

15.4 Provided that after approval of the rules then implementation for such amendments of the rules shall await final sanction from the DATO. However they cannot be implemented without the prior consent in writhing of the PATO upon application to him made in writing and signed by the office bearers.

15.5 A copy of the constitution and rules of Matinyani youth polytechnic shall be supplied to the donors and the ministry in charge.